Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43293 of 2021 Applicant :- Hirdesh And Other Opposite Party :- State of U.P. Counsel for Applicant :- Ajit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Ajit Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicants seeking bail in Case Crime No.181 of 2020, under Sections 323, 324, 308, 504 I.P.C., Police Station Dadon, District Aligarh during the pendency of trial.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. The F.I.R. was lodged against the applicant and two other co-accused persons namely, Bholi and Kendra with the allegation that they have assaulted with the help of Lathi, Danda and Farsa (tomahawk) as a result there of one Sangeeta got injured. It is further contended by learned Counsel for the applicant that the injury report of the injured reveals that there is no injury of Farsa (tomahawk) and all the injuries sustained by her are simple in nature. It is next contended that the other co-accused namely, Bholi and Kender have already been released on bail of by coordinate bench of this Court vide order dated 10.12.2020 in Criminal Misc. Bail Application No.45332 of 2020, the case of the applicant stands on identical footing to that of the co- accused, hence, the applicant is also entitled to be released on bail on the ground of parity. Lastly it is contended that the applicants are in jail since 17.09.2021 having no criminal history as stated in paragraph no.22 of the affidavit filed in support of the bail application and in case they are released on bail, theu will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicants, Hirdesh and Ramnaresh involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 S.P.